NEPOMOCINO CALILONG V. OFFICE OF PERSONNEL MANAGEMENT , No. 12-3181 (Fed. Cir. 2012)

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Case: 12-3181 Document: 9 Page: 1 Filed: 11/29/2012 NOTE: This order is nonprecedential. Wniteb ~tates QCourt of §ppeaIs for tbe jfeberaI QCirmit NEPOMOCINO CALILONG, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. 2012-3181 Petition for review of the Merit Systems Protection Board in case no. SF0831110645-I-1. ON MOTION ORDER Nepomocino Calilong moves for leave to proceed in forma pauperis. This court notes that this appeal was dismissed on October 12, 2012 for failure to pay the fee and for failure to submit the Federal Circuit Rule 15(c) statement. The Rule 15(c) statement was filed on October 23, 2012. We treat Mr. Calilong's motion for leave to proceed in forma pauperis as a motion to reinstate the appeal. Case: 12-3181 Document: 9 Page: 2 Filed: 11/29/2012 NEPOMOCINO CALILONG v. OPM 2 Upon consideration thereof, IT Is ORDERED THAT: (1) The motion for leave to proceed in forma pauperis is granted. (2) The mandate is recalled, the court's dismissal order is vacated, and the petition is reinstated. The Petitioner must file his brief within 30 days of the date of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s24

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